U.S. Senate amendment introduced to exempt kids machines from lead law

March 30, 2011

U.S. Sen. Amy Klobuchar (D-Minn.) has
introduced language that would exempt youth off-highway vehicles (OHVs)
from the lead law that effectively bans the sale of these machines at
the end of the year, the American Motorcyclist Association (AMA)
reports.

Senate Amendment 264, co-sponsored by Sen. Jon
Tester (D-Mont.), would exempt youth OHVs from the lead-content
provisions of the Consumer Product Safety Improvement Act (CPSIA) of
2008, which is commonly known as the lead law. Those provisions contain
overly restrictive lead-content limits that have virtually destroyed
responsible youth motorized recreation.

SA 264 would amend S. 493, which is a small business program reauthorization bill.

The CPSIA bans the making, importing, distributing or selling of any
product intended for children 12 and under that contains more than a
specified amount of lead in any accessible part. It also requires that
all children's products undergo periodic testing by independent
laboratories approved by the Consumer Product Safety Commission (CPSC),
which is responsible for implementing the law.

The CPSC has
delayed enforcing key portions of the law until after the end of the
year. Unless the CPSIA is changed, the sale of youth-model motorcycles
and ATVs will effectively be banned.

The Klobuchar amendment
is similar to H.R. 412, the Kids Just Want to Ride Act, introduced by
Rep. Denny Rehberg (R-Mont.) and supported by 55 of his colleagues. The
AMA has enthusiastically supported Rehberg's legislation, and now also
supports SA 264.